US Law Shield of Pennsylvania recently sued the City of Harrisburg to try to stop the City from continuing to break the law. Since 1974 the state has had a law that requires the uniformity of all gun laws in the state. This is called preemption.
Here is the law and it’s really simple:
No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
Despite knowing about this law, despite knowing it was wrong, and despite knowing it is illegal to pass its own ordinances, the City of Harrisburg has passed or kept 5 of its own ordinances about guns.
After they were warned, after the Mayor said publicly that he was not going to follow the law, and after the City was sued, the City of Harrisburg argued that (1) there must be a stay in the lawsuit (a delay); (2) they sought to have all 5 of its gun ordinances found to be “common sense laws” and therefore lawful despite the clear legislative mandate that municipalities cannot pass ordinances that regulate in any manner the ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth; and (3) the attorneys involved in the case should be disqualified.
Here are all of the filings to date: https://www.pennlago.com/city-harrisburg-sued-illegal-gun-laws/
Despite 5 different offers to resolve the case where the City of Harrisburg taxpayers would not pay US Law Shield of Pennsylvania legal fees, expert fees or expenses, the City has pressed forward costing the City taxpayers thousands of dollars in their own attorney’s legal fees.
It has two attorneys who charge $125 per hour each.
The City is self-insured and is on the hook for up to $250,000.00 per lawsuit. There are 2 lawsuits now against the City. Who knows if others will be filed.
This is good money from hard working people that could be better devoted to putting police on the street or building a community center that provides after school programs to engage at risk children, rather than investing heavily into a losing effort to continue to break the clear state law.
On February 25, 2015, Judge Andrew Dowling of Dauphin County issued an opinion and order that rejected the stay, did not disqualify the attorneys, and temporarily enjoined 3 of the 5 ordinances and suggested heavily that at least one other one was in serious jeopardy, and the fifth needed to be reworded to fix obvious errors.
Become educated on the issues. Be vocal. Be heard.
PennLive.com is conducting an informal poll. We ask that you vote. Please pick: “Repeal them all. Otherwise the city is sure to lose and get stuck with big legal bills.”
It may make the difference.